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Housing and Redevelopment Authority in and for the City of Elk River <br /> 13065 Orono Parkway <br /> Elk River, Minnesota 55330 <br /> Attn: Executive Director <br /> or addressed to any such party at such other address as such party shall hereafter furnish by <br /> notice to the other party. Any notice delivered personally to Borrower shall be delivered to an <br /> officer of Borrower, and any notice delivered personally to Lender shall be delivered to an <br /> officer of Lender at the address for Lender for the mailing of notices. Either party may change its <br /> address for the giving of notices by giving the other party at least ten (10) days' notice in the <br /> manner provided above. <br /> 18. Headings. The headings used in this Agreement are for convenience only and do <br /> not define, limit or construe the contents of this Agreement. <br /> 19. Bindings on Successors and Assigns. Subject to the limitations on transfer <br /> contained in this Agreement, this Agreement shall be binding upon and inure to the benefit of the <br /> successors and assigns of the parties hereto. <br /> 20. Governing Law. This Agreement shall be governed by and construed in <br /> accordance with the laws of Minnesota, without giving effect to any choice or conflict of law <br /> provision or rule. <br /> 21. Counterparts. This Agreement may be executed in two (2) or more counterparts, <br /> each of which shall be an original and all of which shall constitute the same agreement. <br /> 22. Entire Agreement. This Agreement, the Note, the Mortgage, and the other <br /> documents executed by Borrower and/or Lender pursuant to this Agreement contain the entire <br /> agreement between the parties with respect to the subject matter hereof and supersede all prior <br /> understandings and agreements,both oral and written. This Agreement may be amended only in <br /> a writing signed by the parties hereto. <br /> 23. Fees and Expenses. Borrower agrees to pay to Lender immediately upon demand <br /> all costs and expenses, including, without limitation, all attorneys' fees, incurred by Lender in <br /> connection with the enforcement of the Lender's rights and/or the collection of any amounts <br /> which become due to Lender under this Agreement, the Note, the Mortgage, or the other <br /> documents executed in connection herewith; and the prosecution or defense of any action in any <br /> way related to this Agreement, the Note, the Mortgage, or the other documents executed in <br /> connection herewith. <br /> 24. Business Subsidies Act. <br /> (a) In order to satisfy the provisions of Minnesota Statutes, Sections 116J.993 <br /> to 116J.995 (the "Business Subsidies Act"), the Borrower acknowledges and agrees that <br /> the amount of the "Business Subsidy" granted to the Borrower under this Agreement is <br /> the amount of the loan, which is $75,000, and that the Business Subsidy is needed <br /> 9 <br /> 477330v1 EL185-40 <br />